Common questions relating to Torquay leasehold conveyancing
Having had my offer accepted I require leasehold conveyancing in Torquay. Before I set the wheels in motion I would like to find out the remaining lease term.
If the lease is registered - and 99.9% are in Torquay - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
I only have Sixty One years unexpired on my lease in Torquay. I now want to extend my lease but my landlord is can not be found. What should I do?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. However, you will be required to demonstrate that you or your lawyers have done all that could be expected to track down the lessor. On the whole an enquiry agent would be useful to conduct investigations and prepare a report to be used as proof that the freeholder is indeed missing. It is wise to seek advice from a solicitor in relation to proving the landlord’s absence and the application to the County Court overseeing Torquay.
Looking forward to exchange soon on a basement flat in Torquay. Conveyancing solicitors assured me that they will have a report out to me within the next couple of days. What should I be looking out for?
Your report on title for your leasehold conveyancing in Torquay should include some of the following:
- The length of the lease term You should be advised as what happens when the lease ends, and aware of the importance of the 80 year mark
Can you offer any advice when it comes to finding a Torquay conveyancing firm to carry out our lease extension conveyancing?
If you are instructing a property lawyer for your lease extension (regardless if they are a Torquay conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We suggested that you make enquires with several firms including non Torquay conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be of use:
- How experienced is the firm with lease extension legislation?
What are the common deficiencies that you come across in leases for Torquay properties?
There is nothing unique about leasehold conveyancing in Torquay. All leases is drafted differently and drafting errors can result in certain sections are not included. For example, if your lease is missing any of the following, it could be defective:
- A provision to repair to or maintain parts of the building
- Insurance obligations
- A provision for the recovery of money spent for the benefit of another party.
- Service charge per centages that don't add up correctly leaving a shortfall
You will have a problem when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Halifax, Leeds Building Society, and Nottingham Building Society all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, forcing the buyer to withdraw.
Torquay Leasehold Conveyancing - A selection of Questions you should consider before buying
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Who are the managing agents?
It would be prudent to discover as much as possible regarding the company managing the building as they will either make your living at the property much easier or uncomfortable. As the owner of a leasehold property you will be at the mercy of the managing agents from a financial perspective and when it comes to every day matters like the cleanliness of the common parts. Ask prospective neighbours what they think of their management. Finally, investigate as to the dates that you are obliged pay the maintenance charge to the appropriate party and precisely what you get for your money.
What is the the remaining lease term?
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